Kota Kinabalu: A 25-year-old unemployed man was discharged and acquitted of four drug possession charges involving MDMA, methamphetamine and ketamine after the Sessions Court ruled that the prosecution had failed to establish a prima facie case against him.
Sessions Court Judge Amir Shah Amir Hassan acquitted Victor Chin without calling him to enter his defence after considering the evidence and submissions presented during the trial.
In his ruling, the judge said that after maximum evaluation of the evidence, he was satisfied that the prosecution had failed to establish a prima facie case against Chin on all four charges.
On the first count, Chin was accused of possessing 41.1g of 3,4-methylenedioxymethamphetamine (MDMA) at a unit in Beverly Hills Apartment, Penampang, at 11.45pm on May 27, 2024.
The offence, under Section 39A(2) of the Dangerous Drugs Act 1952, carries imprisonment of between five years and life, as well as at least 10 strokes of the cane, upon conviction.
On the second count, Chin was accused of possessing 4.2g of methamphetamine, also known as syabu, at the same place and time.
The third charge involved possession of 135.2g of ketamine, while the fourth concerned 0.1g of MDMA, allegedly at the same location and time.
The prosecution called eight witnesses during the trial.
Deputy Public Prosecutor Nurul Shafeerah Mad Iskim conducted the prosecution, while counsel Luke Ressa Balang represented Chin.
